A search for consistency in ECtHR decisions on the recognition of parenthood following surrogacy.

This article analyzes the European Court of Human Rights’ (ECtHR) evolving case law on the legal recognition of parent–child relationships following surrogacy, focusing on the application of Article 8 of the European Convention on Human Rights (ECHR), which protects the right to respect for private and family life. It highlights significant inconsistencies in the Court’s approach, including a gendered prioritization of genetic ties favoring genetic fathers, the contingent and precarious status of non-genetic intended parents dependent on their relationship with a genetic parent, and variable acceptance of domestic restrictions on methods of legal recognition such as adoption. The article argues for a standardized ECtHR approach requiring States to recognize legal parenthood validly established in the child’s country of birth, regardless of the intended parents’ gender or genetic connection, to better protect the child’s identity and private life. It also notes that while the Court’s jurisprudence narrows States’ discretion to prohibit surrogacy, it centers on the child’s rights rather than endorsing surrogacy itself, reflecting diverse legal and ethical perspectives among Council of Europe Member States.